[Pct] paper certified copy [foreign priority] not showing up image file wrapper (patent center) for 111 bypass [CIP of PCT]

William Ahmed ahmed.william at ymail.com
Sun Dec 15 06:17:26 EST 2024


Dear Friends,
FACT-PATTERN (background)
(1a) One of our cases recently got allowed -- this was a 111 bypass [CIP] of a PCT.(2a) The PCT claimed priority to a non-US priority application [let's call this non-USA country "Country X"](3a) For some reason, the PCT-filing attorney never obtained a PDAS code - they simply filed the PCT in the receiving office of "Country X," and Country X's receiving office provided it to WIPO.(4a) An interim copy was electronically submitted via EFS-web within 4 months of CIP filing.  (5a( I confess that we were NOT diligent about submitting the paper certified copy and waited until allowance.
FACT-PATTERN (CURRENT STATUS )
(1b) We still have plenty of time until the issue-fee deadline - about two months [Rule 55 requires that "a certified copy of the foreign application must still be filed during the pendency of the application"](2b) Our plan (is)(was) to Fedex a paper certified copy to the USPTO before paying the issue-fee.(3b) we actually FEDEXED the certified copy to the address in the APPENDIX below.(4b) the USPTO signed for it about two weeks ago. We have "proof of delivery" [they signed for at 9 PM on a particular day](5b) two weeks later, we cannot see the paper certified copy in the file wrapper.
Even though we have time to 'correct' and to re-send, we would like to figure out what happened.

MY QUESTION -->  Does anyone have experience with this? Please advise.
Many thanks,Bill
APPENDIX
We obtained a paper certify copy and FedExed it to:
United States Patent and Trademark OfficeCustomer Service Window, Mail Stop AmendmentRandolph Building 401 Dulany Street22314 ALEXANDRIA VirginiaUNITED STATES OF AMERICA
They SIGNED signed for it and we have the Fedex "proof of delivery" (which is probably worthless until we see priority document online at Patent Center).
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